Bellevue Protection Order Attorney | No Contact Order | Anti-Harassment Order

HAVE YOU BEEN SERVED? The packed of papers you have been served is called "the petition" it is essential to have an attorney evaluate the "petition" BEFORE it becomes law. If you fail to mount a vigorous defense, this petition will become law. Generally the court will issue an emergency or temporary order for 14 days. The petitioner (the person filing for the order) will then generally have a process server, police officer or county sheriff then personally serve the petition for protection order on the respondent (person the order is being filed against).

Restraining Order (RO), Domestic Violence Protection Orders (DVPO), and Anti-harassment orders (AHO) can be helpful in some truly dangerous situations. Unfortunately, restraining orders can be overprotective and are often used as tools of vengeance by emotionally upset parties. A vengeful spouse, ex-lover or neighbor can often use a court of law to bolster his or her position in divorce proceedings, custody battle, lawsuit or as a tool to make life in your own home unbearable.

If a Domestic-Violence Protection Order, no contact order order or anti-harassment order has been filed against you, you can be facing some trouble ahead. Additionally, you may have trouble in the future with simple things like:

Employment background checks

Renting housing

Remaining in your current home

Contacting your children or other family members

Travel to foreign countries.

SWORD vs. SHIELD

It is important to understand that the Washington State legal system designed protection order to protect people. Thus, enabling people that are being abused, attacked or harassed to be protected and enabling them to use the protection order, Domestic Violence Protection Order or Anti-Harassment Order as a shield to protect themselves from harm.

However, too often these orders are used as swords to attack an ex-lover, neighbor, tenant or vulnerable person. Please attempt to wrongfully obtain Anti-Harassment Orders in an attempt to attack another person. This is NOT the intended use of an order or protection or no-contact order. If you are being attacked by a person who has filed one of these against you , you need a strong defense and experience on your side.

WARNING! YOU MAY FACE CRIMINAL CHARGES IN THE FUTURE!

The person who filed against you may be laying the foundation for criminal charges to be filed against you. Once a restraining order or protection order has been filed against you, you risk of having criminal charges filed against you. The other party can manipulate a situation where you can be found in violation of the order, thus resulting in criminal charges for Violation of a Protection Order being filed against you.

A HARASSMENT ORDER OF PROTECTION HAS BEEN FILED AGAINST ME. WHAT IS HARASSMENT?

"Unlawful Harassment" is defined under Washington State law as a "course of conduct" that is meant to alarm annoy or harass. Harassment is generally not defined as a single incident, but as a string of different occurrences.

(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication, but does not include constitutionally protected free speech. Constitutionally protected activity is not included within the meaning of "course of conduct."

(2) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.

A DOMESTIC VIOLENCE PROTECTION ORDER HAS BEEN FILED AGAINST ME. WHAT IS DOMESTIC VIOLENCE?

If someone has accused you of Domestic Violence they are telling the court that they are a victim of domestic violence and need protection. In Washington state domestic violence is defined as:

a) Physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault between household or family members; or

b) Sexual Assault; or

c) Stalking

If you have had a Domestic Violence Protection Order (DVPO) filed against you criminal charges are likely to stem from a finding by the court in the underlying protection order hearing. If is important to defend against this allegation of domestic violence to protect yourself from criminal charges.

A STALKING ORDER OF PROTECTION HAS BEEN FILED AGAINST ME. WHAT IS STALKING?

"Stalking" is defined under Washington State law as "repeated harassing or repeatedly following of another person." Stalking is generally not defined as a single incident, but as a string of different occurrences.

(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

(a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and

(b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and

(c) The stalker either:

(i) Intends to frighten, intimidate, or harass the person; or

(ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

The Penalties for Violation of a Protection Order are severe:

If convicted you will face up to 1 year in a Washington State Jail

Thousands of dollars in court fines

Interference with visitation time with children

Suspension of the right to own a firearm

Remember, when it comes to Orders of Protection, Restraining Orders, domestic-violence protection orders and Anti-harassment Orders, no two are alike and no two situations are the same. It is important to have an experienced attorney present the court with your side of the story. Once an order is issued against you it may be in place for a number of years or for life. This may put your freedom in jeopardy. If you have had an order filed against you, call us for a free consultation.

WHAT IS A PETITION?

The "petition" for an order of protection is a document that can range from 5-100 pages in length and is the document that outlines the reasons why the petitioner asserts that they need an order of protection. This is the document that you were likely served with when a Sheriff or a process server handed you a stack of documents and informed you that you were being served. Any evidence that the petitioner wishes to present in court is required to be attached to the petition.

It is helpful to bring a copy of this petition with you when meeting with an attorney so that attorney can review the petition and evaluate the evidence against you.

DO I NEED AN ATTORNEY?

Protection Order hearings are generally set for a court date that is about two weeks after the temporary order of protection is granted. Unlike a criminal charge there is no access to a public defender for protection order defense. Some people proceed to court without an attorney on protection order cases, they generally lose and if the other party has an attorney they almost always lose. If you proceed to court and lose you will not have a second chance to defend yourself. It is essential you do things correctly the first time. Therefore, I recomend consulting with an attorney if you have been named as the Respondent against the filing of an order of protection.